The Gazette 1996

Lodging client monies to accounts

which were not designated client

accounts in breach of Regulation 3 of

the

Solicitors Accounts Regulations.

Failing to file an accountant's report for

the practice when requested to do so by

the Compensation Fund Committee and

in accordance with the provisions of

Regulation 21 (1) of the

Solicitors

Accounts Regulations

No 2 of 1984.

Failing to take the necessary steps to

protect the client's interests by issuing

proceedings as instructed or at all.

Failing to tell clients that the solicitor

had not issued the necessary proceedings

on their behalf.

Misleading the clients about an offer to

settle a litigation matter when in fact

there was no litigation in being and no

offer had been made.

Failing to protect the client's interests by

failing to defend proceedings which had

issued against the clients.

Delaying without proper reason or cause

in the administration of the estate.

Failing to honour an undertaking.

Failing to comply with an undertaking

furnished to the complainant on

11 March 1988 in a timely manner or

at all.

Failing to clarify the position to the

Society in relation to the discharge of

this undertaking.

Negotiating a loan cheque notwith-

standing that same was furnished to the

solicitor on the strict understanding that

it was to be held in trust until such time

as all outstanding queries and stamp

duty penalties had been paid.

Misleading the investigating

accountants.

Failing to comply with the terms of the

High Court Order in a timely manner or

at all.

Failing to reply to correspondence from

the Society or clients or to deal with

clients' affairs in a timely manner or at

all.

Failing to furnish a report to the

Society as directed by the Registrar's

Committee in a timely manner or at all

or to attend meetings when requested

to do so.

By Commencement Order dated 12 May

1995, sections 16, 17, 18, 22, 23 and 25

and 58 (3) of the

Solicitors (Amendment)

Act, 1994

came into operation on 12

May 1995.

Under section 6 (1) of the

Solicitors

(Amendment) Act, 1960

as substituted by

Section 16 of the

Solicitors

(Amendment) Act, 1994,

the President of

the High Court shall from time to time,

as the occasion requires, appoint a

Disciplinary Tribunal consisting of ten

solicitor members and five lay members,

the latter being nominated by the

Minister for Justice to represent the

interests of the general public. On 22

May 1995 the aforementioned members

of the Tribunal were appointed by the

President of the High Court for a period

of five years. For the purpose of hearing

and determining any application the

Tribunal shall sit in divisions, which are

comprised of three members of whom

one shall be a lay member and two shall

be solicitor members.

An application by a person (not being a

person who has made a complaint to an

independent adjudicator under section

15 of the

Solicitors (Amendment) Act,

1994

about the conduct of a solicitor

referred to in the application) or by the

Society for an inquiry into the conduct

of a solicitor on the ground of alleged

misconduct shall, subject to the

provisions of the

Solicitors Acts 1954 to

1994,

be made to and heard by the

Disciplinary Tribunal in accordance with

its rules.

Under section 3 of the

Solicitors

(Amendment) Act, 1960

as substituted by

section 24 of the 1994 Act misconduct

includes:

(a) The commission of a treason or a

felony or a misdemeanour.

(b) The commission, outside the State,

of a crime or an offence which

would be a felony or a mis-

demeanour if committed in the State.

the

Solicitors Acts 1954 to 1994

any order or regulation made

thereunder.

(d) Conduct tending to bring the

solicitors' profession into disrepute.

To commence an inquiry into the alleged

misconduct of a respondent solicitor an

applicant must submit to the clerk to the

Disciplinary Tribunal, a form of

application, grounding affidavit

specifying the allegations of misconduct

together with any documentation which

may substantiate the allegations.

The Disciplinary Tribunal after

consideration of an application, affidavit

and accompanying documentation shall

take no further action in relation to the

application, where they are of the

opinion that there is no

prima facie

case

for inquiry and shall so inform the

applicant in writing.

Where the Tribunal are of the opinion

that there is a

prima facie

case for

inquiry, they shall hold an inquiry and

the clerk shall so inform the parties.

Where on completion of an inquiry the

Tribunal find that there has been

misconduct on the part of the respondent

solicitor, they shall have power, by

order, to do one or more of the following

things, namely:

(a) To advise and admonish or censure

the respondent solicitor.

(b) To direct payment of a sum. not

exceeding £5,000, to be paid by the

respondent solicitor to the

Compensation Fund.

shall pay a sum, not exceeding

£5,000, as restitution or part

restitution to any aggrieved party,

without prejudice to any legal right

of such party.

(d) To direct that the whole or part of the

costs of the Society or of any person

appearing before them, as taxed by a

Taxing Master of the High Court, in

default of agreement, shall be paid

by the respondent solicitor.

Further, where the Tribunal find that

there has been misconduct on the part of

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